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14-2099 - SUMMERVILLE v. MORAN et al


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14-2099 - SUMMERVILLE v. MORAN et al
January 20, 2016
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ORDER granting Summerville's First 86 Motion to Compel and denying the second 92 Motion to Compel and puts procedures in place to resolve the issue of privilege. Signed by Magistrate Judge Tim A. Baker on 1/20/2016. (CBU)
March 1, 2016
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ENTRY ON MOTION FOR PARTIAL SUMMARY JUDGMENT: For the reasons set forth above, Summerville's motion for partial summary judgment (Dkt. No. 29) is DENIED in its entirety. Specifically, the motion is DENIED as to Summerville's claims against Defendant Leaberry. Further, as set forth above, the $500,000 provision in the Settlement Agreement is an unenforceable penalty under Indiana law. Accordingly, Summerville's motion for partial summary judgment with regard to Peter Moran, Paul Moran, and Moran Coal Management, LLC, is DENIED to the extent that it seeks to enforce that provision and DENIED AS MOOT in all other respects in light of the parties' agreement to settle this case. The Settling Defendants and Summerville shall confer and attempt to agree on the amount of the agreed judgment to be entered, including attorney's fees, costs, and pre-judgment interest. They shall either file an agreed judgment or a notice to the Court that they are unable to reach an agreement along with a proposed schedule for briefing the remaining disputes within 28 days of the date of this Entry. Signed by Judge William T. Lawrence on 3/1/2016. (DW)
March 7, 2016
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ORDER granting IN PART Defendant John Leaberry's 123 Motion for Reconsideration (see Order). Copy to Paul Moran and Peter Moran via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/7/2016. (SWM)